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(영문) 창원지방법원 2016.09.07 2016노1602
야간주거침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The following facts are favorable: (a) the Defendant’s recognition of the instant crime is against the Defendant; and (b) the instant crime is committed in relation to night-time larceny for which the judgment became final and conclusive and concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) the equity between the judgment and the judgment

However, even though the defendant had been punished several times for the same crime, he/she committed the crime of this case again during the period of repeated crime, and the fact that he/she has not agreed with the victim until now is disadvantageous.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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